ABDUL GHAFFAR Vs. BIBI HAFIZA KHATOON

JUDGEMENT

(1.) This application arises out of a proceeding under Section 488, Code of Criminal Procedure, instituted by Bibi Ha-fiza Khatoon, the opposite party, who is the wife of the petitioner, Abdul Ghaffar.

(2.) The wife filed her petition for maintenance on the 30th March 1964 alleging that her husband took a second wife in the year 1958, and that since 1962, he began to neglect her and turned her out of his house, compelling her to take her asylum in her father's house. Accordingly, the petitioner was called upon to show cause as to why he should not be ordered to pay maintenance to the lady. The petitioner appeared and filed his show cause in which he opposed the claim of maintenance on various grounds. In due course, both parties led evidence in support of their respective cases. After considering the materials on the record, the learned Magistrate came to the conclusion that Bibi Hafiza Khatoon was entitled to receive maintenance from the petitioner, and accordingly, he passed an order directing the petitioner to pay her a sum of Rs. 51.50 per month with effect from the 30th March 1964, which was the date of her petition.

(3.) Against the order of the learned Magistrate, the petitioner filed a revision before the Sessions Judge of Gaya, but the learned Judge by his order dated the 9th March 1966 declined to interfere. The petitioner, accordingly, filed the present revision application in this court on the 5th May 1966.